It is essential that a charity has in place appropriate governance arrangements and structures to enable it to effectively deal with a range of issues including in relation to employees, estate and all other legal and financial issues.

It is necessary to understand and observe the distinction between:

• members – who are responsible for a charity (incorporated as a company) achieving its charitable objects and have the power to appoint and remove the trustees/directors;
• trustees– who often have to fulfil the dual role of charitable trustees and company directors and who are responsible for the three ‘core functions’ of:
  • ensuring clarity of vision, ethos and strategic direction;
  • holding the CEO/management to account; and
  • overseeing the financial performance of the charity; and
• executive leader (CEO) who is responsible for the internal organisation, management and control of the charity.

Our corporate and commercial team have a wealth of experience of dealing with governance issues including:

• advising on charity and company law issues;
• advising on constitutional issues;
• advising on the constitution of the trustees/board of directors;
• advising in relation to the appointment and removal of trustees/directors;
• advising on conflict of interest issues; and
• advising in relation to a range of other governance issues.